Anuradha v. Mohandas, [Transfer Petition 702 of 2015]

Petitioner got married to Respondent in 2010. Petitioner was a divorcee. It was a love marriage. 

In 2015, Respondent filed for a decree of divorce before Family Court, Bombay. Petitioner moved an application before SC for a transfer of that divorce case to Hyderabad, where she way staying. On 28.08.2015, there was a request for an amicable settlement.

Respondent-Husband agreed to pay Rs. 12.5 Lakhs to Petitioner. But only at the time of the decree for divorce. Petitioner filed additional documents before SC disclosing that she is suffering from a life threatening disease. She had agreed to her Husband’s offer “in order to save her life by getting money.” SC duly considered that a decree for divorce could wait its turn; described a Wife as half the body of her Husband and ordered that Rs. 5 Lakhs be paid to Petitioner within 7 days. 

Whether or not Petitioner is fully cured of the disease, Family Court, Hyderabad shall take up the divorce case after 6 months. 

The cost of the treatment of Petitioner may well go beyond Rs. 12.5 Lakhs her Husband has agreed to pay. Respondent-Husband should have to pay more eventually. Meeting medical expenses is merely his ‘pre-existing duty‘.